United States Sentencing Commission Sex Crime Offenders Data

The United States Sentencing Commission published a fact sheet about Sex Crimes that is important to anyone who is facing charges.

The United States Sentencing Commission

As we have previously indicated, the United States Sentencing Commission both puts forth the Federal Sentencing Guidelines as well as compiles reports on the state of crime and federal criminal cases.  You can read more about that here.

The Sentencing Quick Fact Sheet for Sex Crimes

Every so often the Sentencing Commission publishes a "Quick Fact" sheet that gives data about crimes and punishment in the federal system.  The most recent one for Sexual Abuse Offenders has a great deal of relevant information.  The most relevant findings (to me) were below.  This data covers fiscal year 2020.

Most of the Federal Sexual Abuse Offenders were Men

The report indicates that out of over 64,000 cases that were reported last year, 881 cases involved Sexual Abuse, down from 1165 in Fiscal Year 2019.  Of those cases:

• 92.3% of sexual abuse offenders were men.
• 57.4% were White, 14.2% were Black, 14.1% were Hispanic, 12.5% were Native American, and 1.8% were Other races.
  • 74.5% of offenders in cases involving production of child pornography were White.
  • 57.0% of offenders in cases involving travel for prohibited sexual contact were White and 21.3% were Black.
  • 60.9% of offenders in cases involving criminal sexual abuse (rape) were Native American.
  • 76.0% of offenders in cases involving abusive sexual contact were Native American.88.9% of offenders in cases involving statutory rape were Native American.
• Their average age was 38 years.

Most Sexual Offenders Had Little to No Criminal History

The Report indicated that 65.8% had little or no prior criminal history (Criminal History Category I).  Of the higher categories, 

• 9.4% were CHC II;
• 10.4% were CHC III
• 4.3% were CHC IV;
• 7.1% were CHC V;
• 3.0% were CHC VI.

Far More Sex Cases Went to Trial than Other Criminal Cases

The Report indicates that 10.1% of sexual abuse offenders were convicted at trial, compared to 2.2% of all other federal offenders.

Sentencing and Sex Crimes

• 99.5% of sexual abuse offenders were sentenced to prison; their average sentence was 201 months.
• The average sentence for offenders convicted of production of child pornography was 272 months:
  • 85.0% of these offenders were convicted of an offense carrying a mandatory minimum penalty; their average sentence was 294 months. The average sentence without a mandatory minimum penalty was 146 months.
•  The average sentence for offenders convicted of travel to engage in prohibited sexual conduct with a minor was 134 months:
  • 64.7% of these offenders were convicted of an offense carrying a mandatory minimum penalty; their average sentence was 168 months. The average sentence without a mandatory minimum penalty was 71 months.
• The average sentence for offenders convicted of rape was 192 months:
  • 7.5% of these offenders were convicted of an offense carrying amandatory minimum penalty; their average sentence was 353 months.  The average sentence without a mandatory minimum penalty was 129 months.
  • The average sentence for offenders convicted of abusive sexual contact was 60 months.
• 54.6% of sexual abuse offenders were sentenced under the Guidelines Manual:
  • 42.4% of all sexual abuse offenders were sentenced within the guideline range.

This information may become useful as an attorney and their client are weighing their sentencing options.